BENUDHAR SAHU Vs. STATE OF ORISSA AND ORS

JUDGEMENT

(1.) Heard the learned Counsel for the parties. The petitioner has filed this application under Section 482 Cr.P.C. challenging the order dated 07.04.2009 passed by the learned SDJM, Bhadrak in ICC No. 779 of 2008 taking cognizance of the offence under Sections 406/418/420 of IPC against him, to be illegal and arbitrary.

(2.) It is alleged that the petitioner was serving as Lecturer in Electrical Department in Diploma Stream in Bhadrak Institute of Engineering and Technology, Barapada, Bhadrak. During that period, he applied to go on study leave with a pay to complete M. Tech and the aforesaid Institute sponsored him with a condition that after completion of the aforesaid course, he would serve for the institution or would pay the double of the amount along with charge to the institution and a bond in this regard was executed. But, after completion of such course, the petitioner worked for the Institution for some time and left the post there and served elsewhere. Hence, the aforesaid complaint case was filed alleging the aforesaid offences. As it appears the dispute is purely civil in nature inasmuch as in spite of an agreement between the parties, the petitioner after completion of his course though worked for some time, but violating the conditions left the Institute.

(3.) In the case of Indian Oil Corporation v. NEPC India Ltd. and others reported in, 2006 2 OrissaLR 659, (2006) 6 SCC 736, the Apex Court referring to the judgment passed in G. Sagar Suri and another v. State of U.P. and others, 2000 1 OrissaLR 257, (2000) 2 SCC 636, wherein it has been observed as follows: